Decision Confronts Whether Settlement Proceeds Constitute a “Net Monetary Recovery” in an Opinion Likely Be Cited Often in the Costs Area. deSaulles v. Community Hospital of the Monterey Peninsula, Case No. H038184 (6th Dist. May 2, 2014) (published), we predict, will be an opinion often cited on routine costs issues What happened […]
Welfare and Institutions Code Section 10962 Fee-Shifting Provision At Issue. In K.I. v. Wagner, Case No. D063822 (4th Dist., Div. 1 May 2, 2014) (published), the Fourth District, Division 1 appellate court decided that state/local social service claimants denied benefits at an administrative level, but winning in a superior court mandate proceeding, are
Public Resources Code Section 21169.11 Imposes Discretionary Sanction Power on Lower Court, Judged By An Objective Standard as to Frivolousness. Public Resources Code section 21169.11 provides that a lower court may impose an appropriate sanction, up to $10,000, upon parties, attorneys, or law firms responsible for bringing/prosecuting a frivolous CEQA claim. In Helping
Retail Mobilehome Seller Owes No Independent Tort Duty To Component Part Manufacturer. Justice Ikola, on behalf of the Fourth District, Division 3, has penned an interesting decision in Mega RV Corp. v. HWH Corp., Case No. G047718 (4th Dist., Div. 3 Apr. 30, 2014) (published) in the Song-Beverly Consumer Act area. In the
Wife Only Cited to a Family Code Provision Relating to Enforcement of an Existing Child Support Order, Not a Modification Situation. In Bennett v. Foss, Case Nos. A137452/A138342 (1st Dist., Div. 1 Apr. 29, 2014) (unpublished), ex-wife did obtain reversal of a child support modification order on appeal. However, in the lower court,
Defense Costs Were Properly Paid by Carrier Until Subsequent Investigation Showed No Coverage Potential. Insured must be breathing somewhat easier after the appellate result in Certain Underwriters at Lloyd’s London v. Mestmaker, Case No. F066016 (5th Dist. Apr. 29, 2014) (unpublished), which reviewed a lower judge order directing the insured to pay back
Only Routine Costs for Filing/Motion Fees for Nonfictitously-Named Defendant Was Properly Assessed Against Plaintiff. The appellate court in Lashgari v. Chen, Case No. D063300 (4th Dist., Div. 1 Apr. 29, 2014) (unpublished), on appeal, deleted $435 from recoverable costs in filing/motion fees paid by two fictitiously named counterparts of a nonfictitious defendant as
The Result Was Plaintiff Was Liable for $46,115.76 In Postjudgment Costs/Expert Fees After Deduction Of $8,620 Net Jury Award. CCP § 998 offers that are rejected but not beaten at trial can be very cruel reversals of fortune even if a positive jury verdict is obtained. In this personal injury case, plaintiff obtained
Looks Like Decades Trust Disputes Are Drawing To An End. Holt v. Denholm, Case Nos. G045496 and G046293 (4th Dist., Div. 3 Apr. 28, 2014) (unpublished)—both authored by Presiding Justice O’Leary–are two appeals involving cross-over probate and Civil Code section 1717 issues in a long-running battle between different sides of a family trust—pitting a
Loser Below Cannot Be 1021.5 Successful Party. Prospector blowing on pan of fine dirt which contains particles of gold. Russell Lee, photographer. 1940. Library of Congress. This is what we would call a chutzpah appeal. A business purchasing gold from individuals protested County of Department of Weight and Measures’ claims that the
